Problems And Countermeasures Of The People’s Jury System In China

Jury system is an important judicial system in which a national judicial absorb non-professional judges to participate in case trial.Nowadays,the jury system has developed different forms in different countries.The jury system,which justice long insisted,possesses both the beneficial ingredients of foreign jury system and Chinese characteristics of non-professional judge involved in the justice system.It is not only a political system of our country,but also an important judicial system.The jury system promotes the openness of judicial,establishes the people’s sovereignty principle embodied in the fields of justice,makes its due contribution for the justice in the Chinese industry.The active role is so obvious.Non-professional judges participate in trial cases,which reflects our justice with socialist democracy and state-run mass.People entering the court and judging the case with full court,which can play a direct and effective supervision on the trial court work and help realization of clean contemporary,is a very important step in the process of Chinese legalization.But the jury system in the judicial practice encountered many problems and unpleasantness,such as how to change the awkward position of non-professional judges,how to take advantage of non-professional judges and so on.These problems should be solved through bettering the law and guaranteeing the law system,thus making the jury system develop smoothly and provide help for the process of our country.This paper introduces the concept and development process of the jury system,analyzes the current existed problems and reasons of the jury system and finally explores how to solve these problems in the existing legal framework in order to improve the system of Jury system.This paper consists of an introduction,manuscript and conclusion.In this paper,there are three parts except for the introduction and conclusion.The first chapter briefly introduces concepts of jury and the jury system and separates the similar concepts with the jurors.It describes the theoretical and factual basis for the jury system: from the aspect of the constitutional connotation,the people’s sovereignty,human rights protection and power constraints are common constitutional principles.The jury system,which embodies the principle of popular sovereignty,makes the general public to get a sense of simple equality in the trial.This leads to the value of the jury system.Value of Jury Systemreflects the performance of the judicial democracy,safeguards judicial justice,and realizes judicial supervision.This chapter introduced the jury system of our country and its development from the initial to the recovery stage.Totally our jury system starts late,but takes advantage of the useful experience of Western countries,and twists and turns in development.The second chapter proposed the present problems of the jury system,namely "just accompanying without trial","trial without discussion",the impact of low knowledge awareness of jurors on the the trial,the less active and funds of jurors during the trial.These problems are mainly due to the inconsistent law,unscientific system of jury selection,unclear mandate of jury and lack of the related facilities and other causes.The reasons for these problems were analyzed,pointing out the necessity and urgency of improving our jury system.The third chapter introduced the "jury system" and "the trial system" represented by Anglo-American and France and Germany respectively from the aspect of the western jury system.It briefly introduced the outstanding experience of western jury system development.We have many places worthy to learn,for example,the scope of application of the jury system is very extensive,targeted,its members are popular and non-professional;only partly rule on the case.The jury’s decision was secrecy and consistency and the judge has instructed the jury.I made specific recommendations on the legislation,the selection method,system security,improving social awareness,increasing capital investment and other aspects in order to improve our jury system.It pointed out the soundness of the jury system can be realized.Jury system is an important judicial system in China,which is an inherent requirement of the principle of popular sovereignty,an important way of popular participation in judicial activities to achieve judicial democracy and promote justice.Jury System carries dredge and other functions of public opinion,which is a direct passage into the administration of justice.Improving our jury system will help in improving the judicial authority and social credibility,better achieving the goals of justice of the law.In order to better achieve this goal,we need to bold reform and innovation the jury system in our existing legal framework...